Larkin v. . Frazier
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 2, 1916, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHogan, J.
This action was brought by plaintiff to set aside a sale of certain real estate made by the sheriff of the county of Rensselaer under an execution issued upon a judgment in favor of Clara C. Larkin against plaintiff and to have canceled of record and declared illegal and void a certificate of sale and deed following the same executed by the sheriff under the sale made by him. A determination of the question involved in this case necessitates a reference to the findings of the court. The trial justice found in his decision as matters of fact the recovery of a judgment in Supreme Court,…
2Cases cited5 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Read v. . FrenchNew York Court of Appeals · 1863
- Ward v. . RoyNew York Court of Appeals · 1877
- Steward v. . BiddlecumNew York Court of Appeals · 1848
- Barber v. DewesAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Elman v. BelsonAppellate Division of the Supreme Court of the State of New York · 1969
- Wise v. CurdesIndiana Supreme Court · 1942
- Ellis v. MitchellNew York Supreme Court · 1948